NRS 122.0615 Issuance
of marriage license during certain office hours or during other hours by
commercial wedding chapel if authorized; establishment of program to authorize
certain commercial wedding chapels to issue marriage licenses; duties of such
chapels; records of such chapels are public records; geographic limitation on
use of marriage licenses issued by such chapels; penalty.

Certificates of Permission to Perform Marriages

NRS 122.062 Licensed,
ordained or appointed ministers, other church or religious officials authorized
to solemnize a marriage, notaries public and chaplains of Armed Forces to
obtain certificates from county clerk; temporary replacements; solemnization by
minister or other authorized person who resides in another state or who is
retired.

NRS 122.064 Initial
application for certificate: Form; required information. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 122.064 Initial
application for certificate: Form; required information. [Effective on the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 122.065 Payment
of child support: Statement by applicant for certificate; grounds for denial of
certificate; duty of county clerk. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

NRS 122.066 Database
of ministers, other church or religious officials authorized to solemnize a
marriage or notaries public who have been issued certificate of permission to
perform marriages; maintenance of database by Secretary of State; entry of
certain information into database by county clerk; approval of application for
certificate; validity of certificate; removal of authority to solemnize
marriage.

NRS 122.0665 Affidavit
of removal of authority to solemnize marriages: Form of affidavit; filing by
church or religious organization that authorized official to solemnize
marriages.

NRS 122.067 Suspension
of certificate for failure to pay child support or comply with certain
subpoenas or warrants; reinstatement of certificate. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 122.068 Revocation
of certificates and removal of authority to solemnize marriages; hearing;
duties of Secretary of State.

NRS 122.001Definitions.As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 122.0015, 122.002 and 122.006 have
the meanings ascribed to them in those sections.

NRS 122.0015“Commercial wedding chapel” defined.“Commercial
wedding chapel” means a permanently affixed structure which operates a business
principally for the performance of weddings and which is licensed for that
purpose.

NRS 122.002“Commissioner township” defined.“Commissioner
township” means a township whose population is 15,500 or more, as most recently
certified by the Governor pursuant to NRS
360.285, and which is located in a county whose population is 100,000 or
more.

NRS 122.006“Other church or religious official authorized to solemnize a
marriage” defined.“Other church
or religious official authorized to solemnize a marriage” means a person of any
church or religious organization, other than a minister, who has been
authorized to solemnize a marriage according to the usages of that church or
religious organization.

1. Marriage, so far as its validity in law
is concerned, is a civil contract, to which the consent of the parties capable
in law of contracting is essential. Consent alone will not constitute marriage;
it must be followed by solemnization as authorized and provided by this
chapter.

2. The provisions of subsection 1
requiring solemnization shall not invalidate any marriage contract in effect
prior to March 29, 1943, to which the consent only of the parties capable in
law of contracting the contract was essential.

[1:33:1861; A 1943, 279; 1943 NCL § 4050]

NRS 122.020Persons capable of marriage; consent of parent or guardian.

1. Except as otherwise provided in this
section, a male and a female person, at least 18 years of age, not nearer of
kin than second cousins or cousins of the half blood, and not having a husband
or wife living, may be joined in marriage.

2. A male and a female person who are the
husband and wife of each other may be rejoined in marriage if the record of
their marriage has been lost or destroyed or is otherwise unobtainable.

3. A person at least 16 years of age but
less than 18 years of age may marry only if the person has the consent of:

NRS 122.025Marriage of persons less than 16 years of age: Consent of parent
or guardian; authorization by court.

1. A person less than 16 years of age may
marry only if the person has the consent of:

(a) Either parent; or

(b) Such person’s legal guardian,

Ę and such
person also obtains authorization from a district court as provided in
subsection 2.

2. In extraordinary circumstances, a
district court may authorize the marriage of a person less than 16 years of age
if the court finds that:

(a) The marriage will serve the best interests of
such person; and

(b) Such person has the consent required by
paragraph (a) or (b) of subsection 1.

Ę Pregnancy
alone does not establish that the best interests of such person will be served
by marriage, nor may pregnancy be required by a court as a condition necessary
for its authorization for the marriage of such person.

1. With respect to any marriage solemnized
before January 1, 1971, the original certificate and records of marriage made
by the judge, justice or minister, as prescribed in this chapter, and the
record thereof by the recorder of the county, or a copy or abstract of the
record certified by the recorder, must be received in all courts and places as
presumptive evidence of the fact of the marriage.

2. With respect to any marriage solemnized
on or after January 1, 1971, the original certificate and records of marriage
made by the judge, justice, minister or other church or religious official
authorized to solemnize a marriage, notary public, commissioner of civil
marriages or deputy commissioner of civil marriages, as prescribed in this
chapter, and the record thereof by the county recorder or the county clerk, as
the case may be, or a copy or abstract of the record certified by the county
recorder or the county clerk, as the case may be, must be received in all
courts and places as presumptive evidence of the fact of the marriage.

1. Except as otherwise provided in NRS 122.0615, before persons may be joined in
marriage, a license must be obtained for that purpose from the county clerk of
any county in the State. Except as otherwise provided in this subsection, the
license must be issued at the county seat of that county. The board of county
commissioners:

(a) In a county whose population is 700,000 or
more may, at the request of the county clerk, designate not more than five
branch offices of the county clerk at which marriage licenses may be issued, if
the designated branch offices are located outside of the county seat.

(b) In a county whose population is less than
700,000 may, at the request of the county clerk, designate one branch office of
the county clerk at which marriage licenses may be issued, if the designated
branch office is established in a county office building which is located
outside of the county seat.

2. Except as otherwise provided in this
section, before issuing a marriage license, the county clerk shall require each
applicant to provide proof of the applicant’s name and age. The county clerk
may accept as proof of the applicant’s name and age an original or certified
copy of any of the following:

(a) A driver’s license, instruction permit or
identification card issued by this State or another state, the District of
Columbia or any territory of the United States.

(b) A passport.

(c) A birth certificate and:

(1) Any secondary document that contains
the name and a photograph of the applicant; or

(2) Any document for which identification
must be verified as a condition to receipt of the document.

Ę If the birth
certificate is written in a language other than English, the county clerk may
request that the birth certificate be translated into English and notarized.

(d) A military identification card or military
dependent identification card issued by any branch of the Armed Forces of the
United States.

(e) A Certificate of Citizenship, Certificate of
Naturalization, Permanent Resident Card or Temporary Resident Card issued by
the United States Citizenship and Immigration Services of the Department of
Homeland Security.

(f) Any other document that provides the
applicant’s name and age. If the applicant clearly appears over the age of 25
years, no documentation of proof of age is required.

3. Except as otherwise provided in
subsection 4, the county clerk issuing the license shall require each applicant
to answer under oath each of the questions contained in the form of license.
The county clerk shall, except as otherwise provided in this subsection,
require each applicant to include the applicant’s social security number on the
affidavit of application for the marriage license. If a person does not have a
social security number, the person must state that fact. The county clerk shall
not require any evidence to verify a social security number. If any of the
information required is unknown to the person, the person must state that the
answer is unknown. The county clerk shall not deny a license to an applicant
who states that the applicant does not have a social security number or who
states that any requested information concerning the applicant’s parents is
unknown.

4. Upon finding that extraordinary
circumstances exist which result in only one applicant being able to appear
before the county clerk, the county clerk may waive the requirements of
subsection 3 with respect to the person who is unable to appear before the
county clerk, or may refer the applicant to the district court. If the
applicant is referred to the district court, the district court may waive the
requirements of subsection 3 with respect to the person who is unable to appear
before the county clerk. If the district court waives the requirements of
subsection 3, the district court shall notify the county clerk in writing. If
the county clerk or the district court waives the requirements of subsection 3,
the county clerk shall require the applicant who is able to appear before the
county clerk to:

(a) Answer under oath each of the questions
contained in the form of license. The applicant shall answer any questions with
reference to the other person named in the license.

(b) Include the applicant’s social security
number and the social security number of the other person named in the license
on the affidavit of application for the marriage license. If either person does
not have a social security number, the person responding to the question must
state that fact. The county clerk shall not require any evidence to verify a
social security number.

Ę If any of
the information required on the application is unknown to the person responding
to the question, the person must state that the answer is unknown. The county
clerk shall not deny a license to an applicant who states that the applicant
does not have a social security number or who states that any requested
information concerning the parents of either the person who is responding to
the question or the person who is unable to appear is unknown.

5. If any of the persons intending to
marry are under age and have not been previously married, and if the
authorization of a district court is not required, the clerk shall issue the
license if the consent of the parent or guardian is:

(a) Personally given before the clerk;

(b) Certified under the hand of the parent or
guardian, attested by two witnesses, one of whom must appear before the clerk
and make oath that the witness saw the parent or guardian subscribe his or her
name to the annexed certificate, or heard him or her acknowledge it; or

(c) In writing, subscribed to and acknowledged
before a person authorized by law to administer oaths. A facsimile of the
acknowledged writing must be accepted if the original is not available.

6. If a parent giving consent to the
marriage of a minor pursuant to subsection 5 has a last name different from
that of the minor seeking to be married, the county clerk shall accept, as
proof that the parent is the legal parent of the minor, a certified copy of the
birth certificate of the minor which shows the parent’s first and middle name
and which matches the first and middle name of the parent on any document
listed in subsection 2.

7. If the authorization of a district
court is required, the county clerk shall issue the license if that
authorization is given to the county clerk in writing.

8. All records pertaining to marriage
licenses are public records and open to inspection pursuant to the provisions
of NRS 239.010.

9. A marriage license issued on or after
July 1, 1987, expires 1 year after its date of issuance.

NRS 122.045Preparation of affidavit of correction to correct information in
marriage license; fees.

1. Except as otherwise provided in
subsection 2, if any information in a marriage license is incorrect, the county
clerk may charge and collect from a person a fee of not more than $25 for the
preparation of an affidavit of correction.

2. The county clerk may not charge and
collect from a person any fee for the preparation of an affidavit of correction
pursuant to subsection 1 if the only errors to be corrected in the marriage
license are clerical errors that were made by the county clerk.

3. All fees collected by the county clerk
pursuant to this section must be deposited in the county general fund.

NRS 122.050Form of marriage license.The
marriage license must contain the name of each applicant as shown in the
documents presented pursuant to subsection 2 of NRS
122.040 and must be substantially in the following form:

Marriage License

(Expires 1 Year After Issuance)

State of Nevada }

}ss.

County of................................................ }

These presents are to
authorize any minister, other church or religious official authorized to
solemnize a marriage or notary public who has obtained a certificate of
permission to perform marriages, any Supreme Court justice, judge of the Court
of Appeals or district judge within this State, or justice of the peace within
a township wherein the justice of the peace is permitted to solemnize marriages
or if authorized pursuant to subsection 3 of NRS
122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080 or any commissioner of civil marriages or
his or her deputy within a commissioner township wherein they are permitted to
solemnize marriages, to join in marriage ........ of (City, town or location)
........, State of ........ State of birth (If not in U.S.A., name of country)
........; Date of birth ........ Father’s name ........ Father’s state of birth
(If not in U.S.A., name of country) ........ Mother’s maiden name ........
Mother’s state of birth (If not in U.S.A., name of country) ........ Number of
this marriage (1st, 2nd, etc.) ..... Wife deceased ........ Divorced ........
Annulled ........ When ........ Where ........ And ........ of (City, town or
location) ........, State of ........ State of birth (If not in U.S.A., name of
country) ........; Date of birth ........ Father’s name ........ Father’s state
of birth (If not in U.S.A., name of country) ........ Mother’s maiden name
........ Mother’s state of birth (If not in U.S.A., name of country) ........
Number of this marriage (1st, 2nd, etc.) ..... Husband deceased ........
Divorced ........ Annulled ........ When ........ Where ........; and to
certify the marriage according to law.

Witness my hand and the seal
of the county, this ..... day of the month of ………. of the year ............

NRS 122.055Consolidation of forms for marriage; requirements and
limitations on information on reverse of form.

1. The county clerk may place the
affidavit of application for a marriage license, the certificate of marriage
and the marriage license on a single form.

2. The county clerk shall have printed or
stamped on the reverse of the form:

(a) Instructions for obtaining a certified copy
or certified abstract of the certificate of marriage.

(b) Language in black ink and at least 16-point
bold type in a font that is easy to read and that is in substantially the
following form:

This is your certificate.
This is not a certified copy. For name changes and other legal matters, you
will need to obtain a certified copy.

3. Nothing may be printed, stamped or
written on the reverse of the form other than the instructions and language
described in subsection 2 and a time stamp used by the county clerk to signify
that the form has been filed.

1. The county clerk is entitled to receive
as his or her fee for issuing a marriage license the sum of $21.

2. The county clerk shall also at the time
of issuing the marriage license:

(a) Collect the sum of $10 and:

(1) If the board of county commissioners
has adopted an ordinance pursuant to NRS
246.100, deposit the sum into the county general fund pursuant to NRS 246.180 for filing the originally
signed certificate of marriage described in NRS 122.120.

(2) If the board of county commissioners
has not adopted an ordinance pursuant to NRS
246.100, pay it over to the county recorder as his or her fee for recording
the originally signed certificate of marriage described in NRS 122.120.

(b) Collect the additional fee described in
subsection 2 of NRS 246.180, if the board
of county commissioners has adopted an ordinance authorizing the collection of
such fee, and deposit the fee pursuant to NRS
246.190.

3. The county clerk shall also at the time
of issuing the marriage license collect the additional sum of $4 for the State
of Nevada. The fees collected for the State must be paid over to the county
treasurer by the county clerk on or before the fifth day of each month for the
preceding calendar month, and must be placed to the credit of the State General
Fund. The county treasurer shall remit quarterly all such fees deposited by the
county clerk to the State Controller for credit to the State General Fund.

4. The county clerk shall also at the time
of issuing the marriage license collect the additional sum of $25 for the
Account for Aid for Victims of Domestic Violence in the State General Fund. The
fees collected for this purpose must be paid over to the county treasurer by
the county clerk on or before the fifth day of each month for the preceding
calendar month, and must be placed to the credit of that Account. The county
treasurer shall, on or before the 15th day of each month, remit those fees
deposited by the county clerk to the State Controller for credit to that
Account.

1. In any county whose population is
100,000 or more, except as otherwise provided in subsection 3, the main office
of the county clerk where marriage licenses may be issued must be open to the
public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every
day including holidays, and may remain open at other times. The board of county
commissioners shall determine the hours during which a branch office of the
county clerk where marriage licenses may be issued must remain open to the
public.

2. In all other counties, the board of
county commissioners shall determine the hours during which the offices where
marriage licenses may be issued must remain open to the public.

3. Any office where marriage licenses may
be issued may deviate from the hours of operation required pursuant to this
section if the board of county commissioners approves the plan for the
deviation submitted by the office. Such a plan must be fiscally neutral or
result in cost savings.

NRS 122.0615Issuance of marriage license during certain office hours or
during other hours by commercial wedding chapel if authorized; establishment of
program to authorize certain commercial wedding chapels to issue marriage
licenses; duties of such chapels; records of such chapels are public records;
geographic limitation on use of marriage licenses issued by such chapels;
penalty.

1. In each county whose population is
100,000 or more but less than 700,000, in which a commercial wedding chapel has
been in business for 5 years or more, the board of county commissioners shall:

(a) Ensure that an office where marriage licenses
may be issued is open to the public for the purpose of issuing such licenses
from 8 a.m. to 12 a.m. every day, including holidays; or

(b) Provide for the establishment of a program
whereby a commercial wedding chapel that has been in business in the county for
5 years or more is authorized to issue marriage licenses to qualified
applicants during the hours when an office where marriage licenses may be
issued pursuant to paragraph (a) is not open to the public.

2. In each county whose population is less
than 100,000, in which a commercial wedding chapel has been in business in the
county for 5 years or more, the board of county commissioners may provide for
the establishment of a program whereby a commercial wedding chapel that has
been in business in the county for 5 years or more is authorized to issue
marriage licenses to qualified applicants during the hours when an office where
marriage licenses may be issued is not open to the public.

3. Except as otherwise provided in
subsection 4, a program established pursuant to subsection 1 or 2 must
authorize each commercial wedding chapel that has been in business in the
county for 5 years or more to begin issuing marriage licenses upon filing with
the county clerk a completed registration form prescribed by the board of
county commissioners, along with a performance bond in the amount of $50,000.
The performance bond must be conditioned upon the faithful performance of all
statutory duties related to the issuance of marriage licenses and compliance
with the provisions of chapter 603A of NRS
that ensure the security of personal information submitted by applicants for a
marriage license.

4. A commercial wedding chapel shall refer
any application for a marriage license that includes the signature of a
guardian for a minor applicant to the county clerk for review and issuance of
the marriage license pursuant to NRS 122.040.

5. The county clerk of the county in which
a commercial wedding chapel that issues marriage licenses pursuant to this
section is located shall provide to the commercial wedding chapel, without
charge, any materials necessary for the commercial wedding chapel to issue
marriage licenses. The number of marriage licenses that the commercial wedding
chapel may issue must not be limited.

6. A commercial wedding chapel that issues
marriage licenses pursuant to this section shall comply with all statutory
provisions governing the issuance of marriage licenses in the same manner as
the county clerk is required to comply, and shall:

(a) File the original application for a marriage
license with the county clerk on the first available business day after
completion of the application;

(b) Collect from an applicant for a marriage
license all fees required by law to be collected; and

(c) Remit all fees collected to the county clerk,
in the manner required by the standard of practice adopted by the county clerk.

7. The records of a commercial wedding
chapel that issues marriage licenses pursuant to this section which pertain to
the issuance of a marriage license are public records and must be made
available for public inspection at reasonable times. Such a commercial wedding
chapel shall comply with the provisions of chapter
603A of NRS in the same manner as all other data collectors to ensure the
security of all personal information submitted by applicants for a marriage
license.

8. The persons to whom a commercial
wedding chapel issues a marriage license may not be joined in marriage in any
county other than the county in which the marriage license is issued.

9. A commercial wedding chapel that
violates any provision of this section is guilty of a misdemeanor.

NRS 122.062Licensed, ordained or appointed ministers, other church or
religious officials authorized to solemnize a marriage, notaries public and
chaplains of Armed Forces to obtain certificates from county clerk; temporary
replacements; solemnization by minister or other authorized person who resides
in another state or who is retired.

1. Any licensed, ordained or appointed
minister or other church or religious official authorized to solemnize a
marriage in good standing within his or her church or religious organization,
or either of them, incorporated, organized or established in this State, or a
notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the
Secretary of State, may join together as husband and wife persons who present a
marriage license obtained from any county clerk of the State, if the minister,
other church or religious official authorized to solemnize a marriage or notary
public first obtains a certificate of permission to perform marriages as
provided in NRS 122.062 to 122.073,
inclusive. The fact that a minister or other church or religious official
authorized to solemnize a marriage is retired does not disqualify him or her
from obtaining a certificate of permission to perform marriages if, before
retirement, the minister or other church or religious official authorized to
solemnize a marriage had active charge of a church or religious organization
for a period of at least 3 years.

2. A temporary replacement for a licensed,
ordained or appointed minister or other church or religious official authorized
to solemnize a marriage certified pursuant to NRS
122.062 to 122.073, inclusive, may solemnize
marriages pursuant to subsection 1 for a period not to exceed 90 days, if the
requirements of this subsection are satisfied. The minister or other church or
religious official authorized to solemnize a marriage whom he or she
temporarily replaces shall provide him or her with a written authorization
which states the period during which it is effective, and the temporary
replacement shall obtain from the county clerk in the county in which he or she
is a temporary replacement a written authorization to solemnize marriage and
submit to the county clerk an application fee of $25.

3. Any chaplain who is assigned to duty in
this State by the Armed Forces of the United States may solemnize marriages if
the chaplain obtains a certificate of permission to perform marriages from the
county clerk of the county in which his or her duty station is located. The
county clerk shall issue such a certificate to a chaplain upon proof of his or
her military status as a chaplain and of his or her assignment.

4. A licensed, ordained or appointed
minister, other church or religious official authorized to solemnize a
marriage, active or retired, or a notary public may submit to the county clerk
in the county in which a marriage is to be performed an application to perform
a specific marriage in the county. The application must:

(a) Include the full names and addresses of the
persons to be married;

(b) Include the date and location of the marriage
ceremony;

(c) Include the information and documents
required pursuant to subsection 1 of NRS 122.064;
and

(d) Be accompanied by an application fee of $25.

5. A county clerk may grant authorization
to perform a specific marriage to a person who submitted an application
pursuant to subsection 4 if the county clerk is satisfied that the minister or
other church or religious official authorized to solemnize a marriage, whether
he or she is active or retired, is in good standing with his or her church or
religious organization or, in the case of a notary public, if the notary public
is in good standing with the Secretary of State. The authorization must be in
writing and need not be filed with any other public officer. A separate
authorization is required for each marriage performed. A person may not obtain
more than five authorizations to perform a specific marriage pursuant to this
section in any calendar year and must acknowledge that he or she is subject to
the jurisdiction of the county clerk with respect to the provisions of this
chapter governing the conduct of ministers, other church or religious officials
authorized to solemnize a marriage or notaries public to the same extent as if
he or she had obtained a certificate of permission to perform marriages.

NRS 122.064Initial application for certificate: Form; required information.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. A certificate of permission to perform
marriages may be obtained only from the county clerk of the county in which the
minister, other church or religious official authorized to solemnize a marriage
or notary public resides, after the filing of a proper application. The initial
application must:

(a) Be in writing and be verified by the applicant.

(b) If the applicant is a minister or other
church or religious official authorized to solemnize a marriage:

(1) Include the date of licensure,
ordination or appointment of the minister or other church or religious official
authorized to solemnize a marriage, and the name of the church or religious
organization with which he or she is affiliated; and

(2) Be accompanied by one copy of the
affidavit of authority to solemnize marriages described in subsection 5.

(c) If the applicant is a notary public:

(1) Include the date of the appointment of
the notary public by the Secretary of State; and

(2) Be accompanied by a verification
issued by the Secretary of State within the 3 months immediately preceding the
date of the application which states that the applicant has been appointed as a
notary public by the Secretary of State pursuant to chapter 240 of NRS and is in good standing with
the Secretary of State. The county clerk must refuse to issue a certificate of
permission if the appointment of the notary public is suspended or revoked and
may refuse to issue a certificate of permission if the notary public has
committed any violations of chapter 240 of
NRS.

(d) Include the social security number of the
applicant.

(e) Be accompanied by an application fee of $25.

2. To determine the qualifications of any
minister, other church or religious official authorized to solemnize a marriage
or notary public who has filed an application for a certificate of permission,
the county clerk with whom the application has been filed may require:

(a) The church or religious organization of the
minister or other church or religious official authorized to solemnize a
marriage to furnish any evidence which the county clerk considers necessary or
helpful.

(b) An investigation of the background and
present activities of the minister or other person authorized to solemnize a
marriage. The cost of an investigation conducted pursuant to this paragraph
must be charged to the applicant.

3. In addition to the requirement of good
standing, the county clerk shall, before approving an initial application,
satisfy himself or herself that:

(a) If the applicant is a minister or other
church or religious official authorized to solemnize a marriage, the
applicant’s ministry is one of service to his or her church or religious
organization or, in the case of a retired minister or other church or religious
official authorized to solemnize a marriage, that his or her active ministry
was of such a nature.

(b) No certificate previously issued to the
applicant has been cancelled for a knowing violation of the laws of this State
or of the United States.

(c) The applicant has not been convicted of a
felony, released from confinement or completed his or her parole or probation,
whichever occurs later, within 10 years before the date of the application.

4. The county clerk may require any
applicant to submit information in addition to that required by this section.

5. The affidavit of authority to solemnize
marriages required by subparagraph (2) of paragraph (b) of subsection 1 must be
in substantially the following form:

AFFIDAVIT
OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS

State of Nevada }

}ss.

County of ............... }

The..................................................
(name of church or religious organization) is organized and carries on its work
in the State of Nevada. Its active meetings are located
at.................................................. (street address, city or town).
The.................................................. (name of church or
religious organization) hereby finds
that.................................................. (name of minister or
other person authorized to solemnize marriages) is in good standing and is
authorized by the.................................................. (name of
church or religious organization) to solemnize a marriage.

I am duly authorized
by.................................................. (name of church or
religious organization) to complete and submit this affidavit.

Signature of Official

Name of Official

(type or print name)

Title of Official

Address

City, State and Zip Code

Telephone Number

Signed and sworn to (or
affirmed) before me this.......... day of the month of.................... of
the year...........

Notary Public for

..............................
County, Nevada.

My appointment
expires..............................

6. Not later than 30 days after issuing a
certificate of permission to perform marriages to a notary public, the county
clerk must submit to the Secretary of State the name of the notary public to
whom the certificate has been issued.

7. If a licensed, ordained or appointed
minister or other church or religious official authorized to solemnize a
marriage who holds a certificate of permission to perform marriages changes his
or her mailing address, the minister or other church or religious official
authorized to solemnize a marriage must notify the county clerk who issued the
certificate of his or her new mailing address not later than 30 days after the
change. If a notary public who holds a certificate of permission to perform
marriages changes his or her mailing address, the notary public must submit to
the Secretary of State a request for an amended certificate of appointment
pursuant to NRS 240.036.

NRS 122.064Initial application for
certificate: Form; required information. [Effective on the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support proceedings.]

1. A certificate of permission to perform
marriages may be obtained only from the county clerk of the county in which the
minister, other church or religious official authorized to solemnize a marriage
or notary public resides, after the filing of a proper application. The initial
application shall:

(a) Be in writing and verified by the applicant.

(b) If the applicant is a minister or other
church or religious official authorized to solemnize a marriage:

(1) Show the date of licensure, ordination
or appointment of the minister or other church or religious official authorized
to solemnize a marriage, and the name of the church or religious organization
with which he or she is affiliated; and

(2) Be accompanied by one copy of the
affidavit to solemnize marriages described in subsection 5.

(c) If the applicant is a notary public:

(1) Include the date of the appointment of
the notary public by the Secretary of State; and

(2) Be accompanied by a verification
issued by the Secretary of State within the 3 months immediately preceding the
date of the application which states that the applicant has been appointed as a
notary public by the Secretary of State pursuant to chapter 240 of NRS and is in good standing with
the Secretary of State. The county clerk must refuse to issue a certificate of
permission if the appointment of the notary public is suspended or revoked and
may refuse to issue a certificate of permission if the notary public has
committed any violations of chapter 240 of
NRS.

(d) Be accompanied by an application fee of $25.

2. To determine the qualifications of any
minister, other church or religious official authorized to solemnize a marriage
or notary public who has filed an application for a certificate of permission,
the county clerk with whom such application has been filed may require:

(a) The church or religious organization of the
minister or other church or religious official authorized to solemnize a
marriage to furnish any evidence which the county clerk considers necessary or
helpful.

(b) An investigation of the background and
present activities of the minister or other person authorized to solemnize a
marriage. The cost of an investigation conducted pursuant to this paragraph
must be charged to the applicant.

3. In addition to the requirement of good
standing, the county clerk shall, before approving an initial application,
satisfy himself or herself that:

(a) If the applicant is a minister or other
church or religious official authorized to solemnize a marriage, the
applicant’s ministry is one of service to his or her church or religious
organization or, in the case of a retired minister or other church or religious
official authorized to solemnize a marriage, that his or her active ministry
was of such a nature.

(b) No certificate previously issued to the
applicant has been cancelled for a knowing violation of the laws of this State
or of the United States.

(c) The applicant has not been convicted of a
felony, released from confinement or completed his or her parole or probation,
whichever occurs later, within 10 years before the date of the application.

4. The county clerk may require any
applicant to submit information in addition to that required by this section.

5. The affidavit of authority to solemnize
marriages required by subparagraph (2) of paragraph (b) of subsection 1 must be
in substantially the following form:

AFFIDAVIT
OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS

State of Nevada }

}ss.

County of ............... }

The..................................................
(name of church or religious organization) is organized and carries on its work
in the State of Nevada. Its active meetings are located
at.................................................. (street address, city or town).
The.................................................. (name of church or
religious organization) hereby finds
that.................................................. (name of minister or
other person authorized to solemnize marriages) is in good standing and is
authorized by the.................................................. (name of
church or religious organization) to solemnize a marriage.

I am duly authorized
by.................................................. (name of church or
religious organization) to complete and submit this affidavit.

Signature of Official

Name of Official

(type or print name)

Title of Official

Address

City, State and Zip Code

Telephone Number

Signed and sworn to (or
affirmed) before me this.......... day of the month of.................... of
the year...........

Notary Public for

..............................
County, Nevada.

My appointment
expires..............................

6. Not later than 30 days after issuing a
certificate of permission to perform marriages to a notary public, the county
clerk must submit to the Secretary of State the name of the notary public to
whom the certificate has been issued.

7. If a licensed, ordained or appointed
minister or other church or religious official authorized to solemnize a
marriage who holds a certificate of permission to perform marriages changes his
or her mailing address, the minister or other church or religious official
authorized to solemnize a marriage must notify the county clerk who issued the
certificate of his or her new mailing address not later than 30 days after the
change. If a notary public who holds a certificate of permission to perform
marriages changes his or her mailing address, the notary public must submit to
the Secretary of State a request for an amended certificate of appointment
pursuant to NRS 240.036.

(Added to NRS by 1967, 1290; A 1969, 91; 1977, 457; 1997, 2041; 2009, 725, 727; 2013, 1188,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)

NRS 122.065Payment of child support: Statement by applicant for
certificate; grounds for denial of certificate; duty of county clerk.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. An applicant for the issuance of a
certificate of permission shall submit to the county clerk the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.

2. The county clerk shall include the
statement required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance of the certificate of permission; or

(b) A separate form prescribed by the county
clerk.

3. A certificate of permission may not be
issued by the county clerk if the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
county clerk shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.

NRS 122.066Database of ministers, other church or religious officials
authorized to solemnize a marriage or notaries public who have been issued
certificate of permission to perform marriages; maintenance of database by
Secretary of State; entry of certain information into database by county clerk;
approval of application for certificate; validity of certificate; removal of
authority to solemnize marriage.

1. The Secretary of State shall establish
and maintain a statewide database of ministers, other church or religious
officials authorized to solemnize a marriage or notaries public who have been
issued a certificate of permission to perform marriages. The database must:

(a) Serve as the official list of ministers,
other church or religious officials authorized to solemnize a marriage or
notaries public approved to perform marriages in this State;

(b) Provide for a single method of storing and
managing the official list;

(c) Be a uniform, centralized and interactive
database;

(d) Be electronically secure and accessible to
each county clerk in this State;

(e) Contain the name, mailing address and other
pertinent information of each minister, other church or religious official
authorized to solemnize a marriage or notary public as prescribed by the
Secretary of State; and

(f) Include a unique identifier assigned by the
Secretary of State to each minister, other church or religious official
authorized to solemnize a marriage or notary public.

2. If the county clerk approves an
application for a certificate of permission to perform marriages, the county
clerk shall:

(a) Enter all information contained in the
application into the electronic statewide database of ministers, other church
or religious officials authorized to solemnize a marriage or notaries public
maintained by the Secretary of State not later than 10 days after the
certificate of permission to perform marriages is approved by the county clerk;
and

(b) Provide to the Secretary of State all
information related to the minister, other church or religious official
authorized to solemnize a marriage or notary public pursuant to paragraph (e)
of subsection 1.

3. Upon approval of an application
pursuant to subsection 2, the minister, other church or religious official
authorized to solemnize a marriage or notary public:

(a) Shall comply with the laws of this State
governing the solemnization of marriage and conduct of ministers, other church
or religious officials authorized to solemnize a marriage or notaries public;

(b) Is subject to further review or investigation
by the county clerk to ensure that he or she continues to meet the statutory
requirements for a person authorized to solemnize a marriage; and

(c) Shall provide the county clerk with any
changes to his or her status or information, including, without limitation, the
address or telephone number of the church or religious organization, if
applicable, or any other information pertaining to certification within 30 days
after such a change. If a notary public to whom a certificate of permission to
perform marriages has been issued changes his or her address, the notary public
must submit to the Secretary of State a request for an amended certificate of
appointment in accordance with NRS 240.036.

4. A certificate of permission is valid
until:

(a) If the certificate is issued to a minister or
other church or religious official authorized to solemnize a marriage, the
county clerk has received an affidavit of removal of authority to solemnize
marriages pursuant to NRS 122.0665 or the
certificate of permission is revoked pursuant to NRS
122.068.

(b) If the certificate is issued to a notary
public, the appointment as a notary public has expired or has been cancelled,
revoked or suspended. If, after the expiration of his or her appointment, a
notary public receives a new appointment, the notary public may reapply for a certificate
of permission to perform marriages, without charge, if the reapplication occurs
within 3 months after the expiration of the previous notary public appointment.

5. An affidavit of removal of authority to
solemnize marriages that is received pursuant to paragraph (a) of subsection 4
must be sent to the county clerk within 5 days after the minister or other
church or religious official authorized to solemnize a marriage ceased to be a
member of the church or religious organization in good standing or ceased to be
a minister or other church or religious official authorized to solemnize a
marriage for the church or religious organization.

6. If the county clerk in the county where
the certificate of permission was issued has reason to believe that:

(a) The minister or other church or religious
official authorized to solemnize a marriage is no longer in good standing
within his or her church or religious organization, or that he or she is no
longer a minister or other church or religious official authorized to solemnize
a marriage, or that such church or religious organization no longer exists; or

(b) The notary public is no longer in good
standing with the Secretary of State or that the appointment of the notary
public has expired,

Ę the county
clerk may require satisfactory proof of the good standing of the minister,
other church or religious official authorized to solemnize a marriage or notary
public. If such proof is not presented within 15 days, the county clerk shall
remove the certificate of permission by amending the electronic record of the
minister, other church or religious official authorized to solemnize a marriage
or notary public in the statewide database pursuant to subsection 1.

7. Except as otherwise provided in
subsection 8, if any minister or other church or religious official authorized
to solemnize a marriage to whom a certificate of permission has been issued
severs ties with his or her church or religious organization or moves from the
county in which his or her certificate was issued, the certificate shall expire
immediately upon such severance or move, and the church or religious
organization shall, within 5 days after the severance or move, file an
affidavit of removal of authority to solemnize marriages pursuant to NRS 122.0665. If the minister or other church or
religious official authorized to solemnize a marriage voluntarily advises the
county clerk of the county in which his or her certificate was issued of his or
her severance with his or her church or religious organization, or that he or
she has moved from the county, the certificate shall expire immediately upon
such severance or move without any notification to the county clerk by the
church or religious organization.

8. If any minister or other church or
religious official authorized to solemnize a marriage, who is retired and to
whom a certificate of permission has been issued, moves from the county in
which his or her certificate was issued to another county in this State, the
certificate remains valid until such time as the certificate otherwise expires
or is removed or revoked as prescribed by law. The minister or other church or
religious official authorized to solemnize a marriage must provide his or her
new address to the county clerk in the county to which the minister or other
church or religious official authorized to solemnize a marriage has moved.

9. If any notary public to whom a
certificate of permission has been issued moves from the county in which his or
her certificate was issued, the certificate shall expire immediately upon such
move.

10. The Secretary of State may adopt
regulations concerning the creation and administration of the statewide
database. This section does not prohibit the Secretary of State from making the
database publicly accessible for the purpose of viewing ministers, other church
or religious officials who are authorized to solemnize a marriage or notaries
public to whom a certificate of permission to perform marriages has been issued
in this State.

NRS 122.0665Affidavit of removal of authority to solemnize marriages: Form
of affidavit; filing by church or religious organization that authorized
official to solemnize marriages.

1. If a minister or other church or
religious official authorized to solemnize a marriage is no longer authorized
to solemnize a marriage by the church or religious organization that authorized
the minister or other church or religious official to solemnize marriages when
he or she applied for a certificate of permission to perform marriages pursuant
to NRS 122.064, the church or religious
organization shall, within 5 days after the authorization is terminated, file
an affidavit of removal of authority to solemnize marriages with the county
clerk of the county where the original affidavit of authority to solemnize
marriages was filed.

2. The affidavit of removal of authority
to solemnize marriages must be in substantially the following form:

AFFIDAVIT
OF REMOVAL OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES OR RELIGIOUS
ORGANIZATIONS

State of Nevada }

}ss.

County of ............... }

The........................................
(name of church or religious organization) is organized and carries on its work
in the State of Nevada. Its active meetings are located
at........................................ (street address, city or town).
The........................................ (name of church or religious
organization) hereby removes the authority of........................................
(name of minister or other church or religious official authorized to solemnize
marriages), filed in the County of........................................, on
the.......... day of the month of...................., of the year..........,
to solemnize marriages.

I am duly authorized
by........................................ (name of church or religious
organization) to complete and submit this affidavit.

Signature of Official

Name of Official

(type or print name)

Title of Official

Address

City, State and Zip Code

Telephone Number

Signed and sworn to (or
affirmed) before me this.......... day of the month of.................... of
the year...........

NRS 122.067Suspension of certificate for failure to pay child support or
comply with certain subpoenas or warrants; reinstatement of certificate.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. If a county clerk receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a certificate of permission, the county clerk shall deem the
certificate of permission issued to that person to be suspended at the end of
the 30th day after the date on which the court order was issued unless the county
clerk receives a letter issued to the holder of the certificate of permission
by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
certificate of permission has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.

2. A county clerk shall reinstate a
certificate of permission that has been suspended by a district court pursuant
to NRS 425.540 if the county clerk
receives a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person
whose certificate of permission was suspended stating that the person whose
certificate of permission was suspended has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.

NRS 122.068Revocation of certificates and removal of authority to solemnize
marriages; hearing; duties of Secretary of State.

1. Any county clerk who has issued a
certificate of permission to perform marriages to a minister, other church or
religious official authorized to solemnize a marriage or notary public pursuant
to NRS 122.062 to 122.073,
inclusive, may revoke the certificate for good cause shown after a hearing.

2. If the certificate of permission to
perform marriages of any minister, other church or religious official
authorized to solemnize a marriage or notary public is revoked or if the county
clerk has received an affidavit of removal of authority to solemnize marriages
pursuant to NRS 122.0665, the county clerk shall
inform the Secretary of State of that fact, and the Secretary of State shall
immediately remove the name of the minister, other church or religious official
authorized to solemnize a marriage or notary public from the official list
contained in the database of ministers, other church or religious officials
authorized to solemnize a marriage or notaries public and shall notify each
county clerk and county recorder in the State of the revocation or removal of
authority.

NRS 122.071Judicial review.Any
minister, other church or religious official authorized to solemnize a marriage
or notary public whose application for a certificate of permission to perform
marriages or renewal of such certificate is denied, or whose certificate of
permission is revoked, is entitled to judicial review of such action in the
district court of the county in which such action was taken.

NRS 122.073Additional regulations by county clerk.Each
county clerk may prescribe additional regulations, which shall not conflict
with the provisions of this chapter, relating to the issuance and revocation of
certificates of permission to perform marriages.

1. After receipt of the marriage license
previously issued to persons wishing to be married as provided in NRS 122.040 and 122.050,
it is lawful for any justice of the Supreme Court, any judge of the Court of
Appeals, any judge of the district court, any justice of the peace in his or
her township if it is not a commissioner township, any justice of the peace in
a commissioner township if authorized pursuant to subsection 3, any municipal
judge if authorized pursuant to subsection 4, any commissioner of civil
marriages within his or her county and within a commissioner township therein,
or any deputy commissioner of civil marriages within the county of his or her
appointment and within a commissioner township therein, to join together as
husband and wife all persons not prohibited by this chapter.

2. This section does not prohibit:

(a) A justice of the peace of one township, while
acting in the place and stead of the justice of the peace of any other
township, from performing marriage ceremonies within the other township, if
such other township is not a commissioner township.

(b) A justice of the peace of one township
performing marriages in another township of the same county where there is no
duly qualified and acting justice of the peace, if such other township is not a
commissioner township or if he or she is authorized to perform the marriage
pursuant to subsection 3.

3. In any calendar year, a justice of the
peace may perform not more than 20 marriage ceremonies in commissioner
townships if he or she does not accept any fee, gratuity, gift, honorarium or
anything of value for or in connection with solemnizing the marriage other than
a nonmonetary gift that is of nominal value.

4. In any calendar year, a municipal judge
may perform not more than 20 marriage ceremonies in this State if he or she
does not accept any fee, gratuity, gift, honorarium or anything of value for or
in connection with solemnizing the marriage other than a nonmonetary gift that
is of nominal value.

5. Any justice of the peace who performs a
marriage ceremony in a commissioner township or any municipal judge who
performs a marriage ceremony in this State and who, in violation of this
section, accepts any fee, gratuity, gift, honorarium or anything of value for
or in connection with solemnizing the marriage is guilty of a misdemeanor.

NRS 122.090Marriage solemnized by unauthorized person: When valid.No marriage solemnized before any person
professing to be a judge, justice, minister or other church or religious
official authorized to solemnize a marriage, notary public to whom a
certificate of permission to perform marriages has been issued, commissioner of
civil marriages or deputy commissioner of civil marriages shall be deemed or
adjudged to be void, nor shall the validity thereof be in any way affected on
account of any want of jurisdiction or authority, provided it be consummated
with a full belief on the part of the persons so married, or either of them,
that they have been lawfully joined in marriage.

NRS 122.100Marriages solemnized between March 3, 1937, and March 24, 1943,
validated.All marriages
solemnized since March 3, 1937, and performed in the manner prescribed and
required by section 4 of chapter 33, Statutes of Nevada 1861, prior to its
repeal on March 3, 1937, are hereby expressly validated. All such marriages so
solemnized and performed between March 3, 1937, and March 24, 1943, are hereby
declared to be valid to all intents and purposes to the same extent as if section
4 of chapter 33, Statutes of Nevada 1861, had not been repealed on March 3,
1937.

1. In the solemnization of marriage, no
particular form is required except that the parties shall declare, in the
presence of the justice, judge, minister or other church or religious official
authorized to solemnize a marriage, notary public to whom a certificate of
permission to perform marriages has been issued, justice of the peace,
commissioner of civil marriages or deputy commissioner of civil marriages, and
the attending witness, that they take each other as husband and wife.

2. In every case, there shall be at least
one witness present besides the person performing the ceremony.

1. After a marriage is solemnized, the
person solemnizing the marriage shall give to each couple being married a
certificate of marriage.

2. The certificate of marriage must
contain the date of birth of each applicant as contained in the form of
marriage license pursuant to NRS 122.050. If a male
and female person who are the husband and wife of each other are being rejoined
in marriage pursuant to subsection 2 of NRS 122.020,
the certificate of marriage must state that the male and female person were
rejoined in marriage and that the certificate is replacing a record of marriage
which was lost or destroyed or is otherwise unobtainable. The certificate of
marriage must be in substantially the following form:

State of Nevada

Marriage Certificate

State of Nevada }

}ss.

County of............................................ }

This is to certify that the
undersigned, ................................ (a minister or other church or
religious official authorized to solemnize a marriage, notary public, judge,
justice of the peace of ................................ County, commissioner
of civil marriages or deputy commissioner of civil marriages, as the case may
be), did on the ................ day of the month of ………. of the year
..............., at ................ (address or church), ................
(city), Nevada, join or rejoin, as the case may be, in lawful wedlock
................ (name), of ................ (city), State of ................,
date of birth ................, and ................ (name), of
................(city), State of ................, date of birth
................, with their mutual consent, in the presence of
................ and ................ (witnesses). (If a male and female person
who are the husband and wife of each other are being rejoined in marriage
pursuant to subsection 2 of NRS 122.020, this
certificate replaces the record of the marriage of the male and female person
who are being rejoined in marriage.)

3. All information contained in the
certificate of marriage must be typewritten or legibly printed in black ink,
except the signatures. The signature of the person performing the marriage must
be an original signature.

1. Each person who solemnizes a marriage
shall make a record of it and, within 10 days after the marriage, shall deliver
to:

(a) If the board of county commissioners has
adopted an ordinance pursuant to NRS
246.100, the county clerk of the county where the license was issued the
original certificate of marriage required by NRS
122.120.

(b) If the board of county commissioners has not
adopted an ordinance pursuant to NRS
246.100, the county recorder of the county where the license was issued the
original certificate of marriage required by NRS
122.120.

2. If the original certificate of marriage
that is held by the person who solemnizes the marriage is lost or destroyed
before it is delivered pursuant to subsection 1, the county clerk may charge
and collect from the person who solemnizes the marriage a fee of not more than
$15 for the preparation of an affidavit of loss or destruction and the issuance
of a replacement certificate. All fees collected by the county clerk pursuant
to this subsection must be deposited in the county general fund.

3. All original certificates must be
recorded by the county recorder or filed by the county clerk in a book to be
kept by him or her for that purpose. For recording or filing the original
certificates, the county recorder or county clerk is entitled to the fees
designated in subsection 2 of NRS 122.060 and
subsection 3 of NRS 122.135. All such fees must be
deposited in the county general fund.

NRS 122.135Preparation of affidavit of correction to correct information in
certificate of marriage; fees.

1. Except as otherwise provided in
subsection 2, if any information in a certificate of marriage is incorrect, the
county clerk or the county recorder may charge and collect from a person a fee
of not more than $25 for the preparation of an affidavit of correction.

2. Neither the county clerk nor the county
recorder may charge and collect from a person any fee for the preparation of an
affidavit of correction pursuant to subsection 1 if the only errors to be
corrected in the certificate of marriage are clerical errors that were made by
the county clerk.

3. Whether or not a person is required to
pay any fee for the preparation of an affidavit of correction pursuant to subsection
1:

(a) The county clerk shall charge and collect
from the person a fee in an amount equal to:

(1) If the board of county commissioners
has adopted an ordinance pursuant to NRS
246.100, the amount that the county clerk is required to charge and collect
pursuant to NRS 246.180 for filing the
corrected certificate of marriage; or

(2) If the board of county commissioners
has not adopted an ordinance pursuant to NRS
246.100, the amount that the county recorder is required to charge and
collect pursuant to NRS 247.305, and
the county clerk shall pay the fee over to the county recorder as his or her
fee for recording the corrected certificate of marriage; or

(b) The county recorder shall charge and collect
from the person a fee in an amount equal to:

(1) If the board of county commissioners
has adopted an ordinance pursuant to NRS
246.100, the amount that the county clerk is required to charge and collect
pursuant to NRS 246.180, and the county
recorder shall pay the fee over to the county clerk as his or her fee for
recording the corrected certificate of marriage; or

(2) If the board of county commissioners
has not adopted an ordinance pursuant to NRS
246.100, the amount that the county recorder is required to charge and
collect pursuant to NRS 247.305 for
recording the corrected certificate of marriage.

4. All fees collected pursuant to this
section must be deposited in the county general fund.

NRS 122.140Illegitimate children legitimatized.Illegitimate
children shall become legitimatized by the subsequent marriage of their parents
with each other.

[15:33:1861; B § 208; BH § 484; C § 495; RL § 2351;
NCL § 4063]

NRS 122.150Forms used by Friends or Quakers valid.All
marriages solemnized among the people called “Friends” or “Quakers,” in the
forms heretofore practiced and in use in their meetings, shall be good and
valid.

[17:33:1861; B § 210; BH § 486; C § 497; RL § 2353;
NCL § 4065]

NRS 122.160Marriages between Indians performed by tribal custom on
reservation or in colony: Validity; certificate of declaration.

1. Marriages between Indians performed in
accordance with tribal customs within closed Indian reservations and Indian
colonies have the same validity as marriages performed in any other manner
provided for by the laws of this State, if there is recorded or filed in the
county in which the marriage takes place, within 30 days after the performance
of the tribal marriage, a certificate declaring the marriage to have been
performed.

2. The certificate of declaration required
to be recorded or filed by subsection 1 must include the names of the persons
married, their ages, tribe, and place and date of marriage. The certificate
must be signed by an official of the tribe, reservation or colony.

3. The certificate must be:

(a) If the board of county commissioners has
adopted an ordinance pursuant to NRS
246.100, filed with the county clerk of the county in which the marriage
was performed and filed by the county clerk without charge.

(b) If the board of county commissioners has not
adopted an ordinance pursuant to NRS
246.100, recorded with the county recorder of the county in which the
marriage was performed and recorded by the county recorder without charge.

1. Marriages between Indians heretofore or
hereafter consummated in accordance with tribal custom have the same validity
as marriages performed in any other manner provided for by the laws of the
State of Nevada.

2. A certificate of any such marriage may
be signed by:

(a) An official of the tribe of which at least
one of the parties is a member;

(b) An official of the reservation or colony in
or upon which at least one of the parties shall at the time reside; or

(c) The superintendent of an Indian agency
legally established in this State by the United States.

3. The certificate may be:

(a) If the board of county commissioners has
adopted an ordinance pursuant to NRS
246.100, filed in the office of the county clerk of the county where such marriage
took place, and within 30 days thereafter; or

(b) If the board of county commissioners has not
adopted an ordinance pursuant to NRS
246.100, recorded in the office of the recorder of the county where such
marriage took place, and within 30 days thereafter,

Ę and such
certificate or a certified copy thereof is prima facie evidence of the facts
therein recited.

4. The certificate must give the names of
the parties married, their ages, tribe, and the place and date of the marriage,
and must show the official status of the person signing the same.

5. Any certificate, affidavit or other
type of proof recognized by the United States, or any department thereof, as
proof of a valid tribal marriage, regardless of when or where the tribal
marriage was entered into, is proof of the validity of the tribal marriage in
the State of Nevada.

NRS 122.173Commissioner of civil marriages: County clerk is ex officio in
larger counties; appointment of county clerk in smaller counties; solemnization
of marriages; no additional compensation.

1. In a county whose population is 700,000
or more and in which a commissioner township is located, the county clerk
shall:

(a) Be commissioner of civil marriages for such
township; and

(b) Solemnize marriages within each commissioner
township located within his or her county.

2. In a county whose population is less
than 700,000 and in which a commissioner township is located, the board of
county commissioners may, by ordinance, appoint the county clerk to act as the
commissioner of civil marriages. Such an ordinance may authorize the
commissioner of civil marriages to solemnize marriages within each commissioner
township located within the county.

3. The county clerk is not entitled to
receive additional compensation for acting in the capacity of commissioner of
civil marriages.

NRS 122.175Deputy commissioners of civil marriages: Appointment; powers and
duties; compensation; limitation on number on duty.

1. In a county whose population is 700,000
or more, the commissioner of civil marriages may appoint deputy commissioners
of civil marriages. Such deputies shall:

(a) Solemnize marriages in commissioner townships
under the direction of the commissioner; and

(b) Perform such other duties as the commissioner
may direct.

2. In a county whose population is less
than 700,000 and in which the board of county commissioners has appointed the
county clerk to act as the commissioner of civil marriages, the board may, by
ordinance, establish the number of deputy commissioners of civil marriages
which may be appointed by the commissioner of civil marriages to carry out the
duties set forth in subsection 1.

3. No deputy commissioner of civil
marriages may solemnize marriages at any time other than during the working
hours or shift during which the deputy commissioner is employed.

4. The deputy commissioners of civil marriages
are employees of the county clerk’s office and are entitled to be compensated
by a salary and by such other benefits as are available to other county
personnel regularly employed in the same county clerk’s office. The
compensation of any deputy commissioner of civil marriages must not be based in
any manner upon the number or volume of marriages that the deputy commissioner
may solemnize in the performance of his or her duties.

5. In counties in which deputy
commissioners of civil marriages are employed, no more than two deputy
commissioners may be on duty within the courthouse of such a county for the
purpose of solemnizing marriages at any one time.

NRS 122.179Clerical personnel, supplies and equipment to be provided by
county.

1. The county shall provide suitable
office space, office equipment, office supplies, and secretarial or other
clerical personnel necessary for the proper operation of the office of the
commissioner of civil marriages.

2. The county clerk shall establish the
office of the commissioner of civil marriages as a separate office and shall
maintain separate records for that office.

1. The commissioner of civil marriages or
his or her deputy commissioner of civil marriages is entitled to receive as his
or her fee for solemnizing a marriage $70. The fee must be deposited in the
county general fund.

2. The commissioner of civil marriages or
his or her deputy commissioner of civil marriages shall also at the time of
solemnizing a marriage collect the additional sum of $5 for the Account for Aid
for Victims of Domestic Violence in the State General Fund. The fees collected
for this purpose must be paid over to the county treasurer by the county clerk
on or before the fifth day of each month for the preceding calendar month, and
must be credited to that Account. The county treasurer shall, on or before the
15th day of each month, remit those fees deposited by the clerk to the State
Controller for credit to that Account.

NRS 122.185Signs required in office and rooms; contents.The office of the commissioner of civil
marriages and each room therein shall prominently display on the wall, or other
appropriate place, a sign informing all people who avail themselves of the
services of the commissioner of civil marriages of the following facts:

1. That the solemnization of the marriage
by the commissioner of civil marriages is not necessary for a valid marriage
and that the parties wishing to be married may have a justice of the peace
within a township where such justice of the peace is permitted to perform
marriages, or any minister, other church or religious official authorized to
solemnize a marriage or notary public of their choice who holds a valid
certificate of permission to perform marriages within the State, perform the
ceremony;

2. The amount of the fee to be charged for
solemnization of a marriage in the office of the commissioner of civil
marriages;

3. That all fees charged are paid into the
county general fund of the particular county involved;

4. That other than the statutory fee, the
commissioner of civil marriages and the deputy commissioners of civil marriages
are precluded by law from receiving any gratuity fee or remuneration whatsoever
for solemnizing a marriage; and

5. That if the commissioner of civil
marriages, any deputy commissioner of civil marriages, or any other employee in
the office of the commissioner or in the office of the county clerk solicits
such an extra gratuity fee or other remuneration, the matter should be reported
to the district attorney for such county.

NRS 122.187Receipt of additional fees prohibited.No
other fee may be charged or received by the commissioner of civil marriages for
solemnizing a marriage or for any other pertinent service other than the fee
established by NRS 122.181.

(Added to NRS by 1969, 767)

NRS 122.189Prohibited acts.It
is unlawful for the commissioner of civil marriages, any deputy commissioner,
or any employee in the office of the commissioner or in the office of the
county clerk to:

1. Solicit, accept or receive any
gratuity, remuneration or fee whatsoever for the solemnizing of marriages;

2. Participate in or receive the benefits
of any fees solicited or received by any other person; or

3. Influence or attempt to influence any
person to have a marriage solemnized in the office of the commissioner of civil
marriages.

NRS 122.191Display and contents of signs indicating location of office.Signs may be displayed to inform any person of
the location of the office of the commissioner of civil marriages. Such signs
shall have printed thereon only the following words: “Office of the
Commissioner of Civil Marriages.” Such signs shall be displayed in a
conservative manner commensurate with the dignified function of the office of
the commissioner of civil marriages.

(Added to NRS by 1969, 767)

NRS 122.193Penalty.Any person
who violates any provision of NRS 122.173 to 122.193, inclusive, is guilty of a misdemeanor.

(Added to NRS by 1969, 767)

PROHIBITED ACTS AND PENALTIES

NRS 122.200False statement to procure marriage license.Any person who shall make a false statement in
procuring a marriage license with reference to any matter required by NRS 122.040 and 122.050 to
be stated under oath shall be guilty of a gross misdemeanor.

NRS 122.210Unauthorized issuance of marriage license by county clerk.If any county clerk shall issue or sign any
marriage license in any manner other than is authorized by this chapter, the
county clerk shall forfeit and pay a sum not exceeding $1,000 to and for the
use of the person aggrieved.

NRS 122.215Solicitation on county property where marriage licenses are
issued to perform marriage.It is
unlawful for any county employee, commercial wedding chapel employee or other
person to solicit or otherwise influence, while on county property where
marriage licenses are issued, any person to be married by a marriage
commissioner or justice of the peace or at a commercial wedding chapel.

1. It is unlawful for any Supreme Court
justice, judge of the Court of Appeals, judge of a district court, justice of
the peace, municipal judge, minister or other church or religious official
authorized to solemnize a marriage, notary public, commissioner of civil marriages
or deputy commissioner of civil marriages to join together as husband and wife
persons allowed by law to be joined in marriage, until the persons proposing
such marriage exhibit to him or her a license from the county clerk as provided
by law.

2. Any Supreme Court justice, judge of the
Court of Appeals, judge of a district court, justice of the peace, municipal
judge, minister or other church or religious official authorized to solemnize a
marriage, notary public, commissioner of civil marriages or deputy commissioner
of civil marriages who violates the provisions of subsection 1 is guilty of a
misdemeanor.

NRS 122.230Failure of person solemnizing marriage to make and deliver
certificate to county clerk or county recorder.Every
person solemnizing a marriage who fails or neglects to make and deliver an
originally signed certificate thereof, within the time specified in NRS 122.130, to:

1. If the board of county commissioners
has adopted an ordinance pursuant to NRS
246.100, the county clerk; or

2. If the board of county commissioners
has not adopted an ordinance pursuant to NRS
246.100, the county recorder,

NRS 122.240Failure of county recorder or county clerk to record certificate
of marriage.Every county recorder
or county clerk who fails or neglects to record or file a certificate of
marriage as required by this chapter is guilty of a misdemeanor.

NRS 122.260Solemnization of marriage by unauthorized person or where legal
impediment known.If any person
shall undertake to join others in marriage, knowing that he or she is not
lawfully authorized so to do, or knowing of the existence of any legal
impediment to the proposed marriage, the person is guilty of a misdemeanor.

NRS 122.270Recovery of forfeitures by civil actions.In all cases when a violation of the
provisions of this chapter is not declared a misdemeanor or gross misdemeanor,
the fines and forfeitures shall be recovered by a civil action, to be brought
by any person aggrieved or by the county treasurer.